Madhya Pradesh High Court
Kishna @ Krishna Murari Sahu vs The State Of Madhya Pradesh on 6 October, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.37572/2020
( Kishna @ Krishna Murari Vs The State of M.P. )
(1)
Gwalior, dated :06/10/2020
Shri Rajnish Sharma, learned counsel for the applicant.
Shri Rohit Mishra, learned Additional Advocate General for
the respondent-state.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.
The applicant has been arrested on 12/07/2020 by Police Station Maksudhangarh District Guna (M.P.), in connection with Crime No.201/2020 registered in relation to the offence punishable under sections 498-A, 304-B and 34 of the IPC and Section 3/4 of the Dowry Prohibition Act.
Allegations against the applicant and other co-accused persons in short are that present applicant who is husband of the deceased Pooja along with other co-accused persons was involved in subjecting the cruelty and harassment due to non satisfaction of demand of dowry and ultimately on 29/06/2020 dead body of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.37572/2020 ( Kishna @ Krishna Murari Vs The State of M.P. ) (2) deceased Pooja was found hanging in her matrimonial home under suspicious circumstances within seven years of her marriage. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 12/07/2020. It is submitted that charge-sheet has been filed and no further custodial interrogation is required in the matter. The basic ingredients to attract offence under Section 304-B of the IPC are that soon before death deceased was subjected to cruelty and harassment in connection with demand of dowry and it should be established that said cruelty and harassment was made soon before her death. On perusal of the prosecution story as well as statement of the witnesses, it can be seen that there is no allegation of harassment in connection with demand of dowry whereas cause of death has been shown to be that husband was having illicit relation with another woman. It is further submitted that trial is held up due to COVID-2019 and the applicant cannot be kept in custody for an unlimited period without any substantial reason. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. He is permanent resident of Maksudhangarh District Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.37572/2020 ( Kishna @ Krishna Murari Vs The State of M.P. ) (3) Learned Additional Advocate General opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.37572/2020 ( Kishna @ Krishna Murari Vs The State of M.P. ) (4) This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2020.10.06 19:33:27 +05'30'